Beginning in January 2024, the City of Lakeland, Tennessee began fining Horwitz Law, PLLC client Julie Pereira for her political yard sign reading: "Fuck 'Em Both 2024." In response, Ms. Pereira filed suit, asserting that the City of Lakeland's enforcement action violated her First
By Daniel A. Horwitz: “[E]ffective July 1, 2024,” Tennessee has a new set of rules for filing amicus briefs in appellate cases. The new rules apply to amicus briefs filed in the Tennessee Supreme Court, the Tennessee Court of Appeals, and the Tennessee Court
June 8–June 21, 2024 Tennessee Court of Appeals, in grandparent visitation litigation: As a reminder, even if everyone (including us) agrees you’re right about some issue, if you present it for the first time on appeal, it’s waived. There’s tension between “the duty of
May 18–June 7, 2024 In post-divorce litigation, Father charges Mother with 29 counts of criminal contempt for alleged violations of the Parties’ permanent parenting plan. Mother is then convicted of seven counts of criminal contempt and sentenced to 29 days in jail. Tennessee Court of
A trial court’s January 23, 2024 order dismissing a “Strategic Lawsuit Against Public Participation” (a SLAPP-suit) filed by three City of Fayetteville Aldermen against two citizens who petitioned them is now final. Although the Aldermen initially filed a Notice of Appeal after losing in the trial court, whether
May 11–May 17, 2024 Tennessee Court of Appeals: “It is clear that [Pro Se Appellant] is, to put it lightly, frustrated with everyone associated with this matter, including HSBC, various counsel, and at least three judges.” But because, in this particular phase of this
Horwitz Law, PLLC client Scott Wilson’s wrongful convictions for criminal contempt must be reversed, a Tennessee Court of Appeals panel has held. “[T]hat the order which was allegedly violated lacked specificity and was ambiguous requires a reversal of the convictions of contempt[,]” the Court’s
April 20–May 10, 2024 Intermediate Scrutiny has been on a three-week hiatus, so you get a triple-dose of Tennessee Court of Appeals opinions this week. (The opinions are unusually good, though, so forwarding this newsletter makes for a great Mother's Day gift.) Attorney with
April 6–April 19, 2024 We were off last week, so you get a double dose of Intermediate Scrutiny this week: Father violates court order “on 133 specifically identified occasions,” resulting in 186-day jail sentence for criminal contempt. Tennessee Court of Appeals: Father’s asserted notice defects
March 30–April 5, 2024 One member of Catch22Nashville, LLC—a gastropub—sues some other members. Tennessee Court of Appeals: The major major major major problem with this lawsuit is that the LLC’s operating agreement provides that “[v]enue for any dispute arising under this LLC Agreement or any